ML14181A527
| ML14181A527 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 06/30/2014 |
| From: | Amitava Ghosh NRC/OGC |
| To: | Kennedy M, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 26125 | |
| Download: ML14181A527 (10) | |
Text
UNITE D STATE S N UCLEAR REGULATORY C OMMI SS I ON WASHINGTON, DC 20555 - 0001 June 30, 2014 Administrative Judge Administrative Judge Lawrence G. McDade, Chair Dr. Richard E. Wardwell Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Michael F. Kennedy Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.
(Indian Point Nuclear Generating Units 2 and 3)
Docket Nos. 50-247-LR and 50-286-LR
Dear Administrative Judges:
Pursuant to the Atomic Safety and Licensing Boards December 18, 2008, Memorandum and Order (Addressing Requests that the Proceeding be Conducted Pursuant to Subpart G), slip op. at 13, the Licensing Board's Order (Granting Consent Motion Regarding Mandatory Disclosures), dated January 30, 2009, at 1, the staff of the U.S. Nuclear Regulatory Commission (Staff) herein notifies the Licensing Board and the parties that the hearing file has been supplemented for this proceeding. Materials in the hearing file may be accessed through the Agencywide Documents Access and Management System (ADAMS). An index containing the ADAMS accession number, date, and title or description of each item in Hearing File Index, Supplement 65 is appended hereto as Attachment 1.
On or about July 10, 2014, the documents identified in the hearing file will be made available via the Electronic Hearing Docket (EHD), which may be accessed at the following URL:
http://ehd.nrc.gov/EHD_Proceeding/home.asp. The hearing file will be contained in a sub-folder entitled, Indian PT Hearing File, Supplement 65 in the Indian_PT_2&3_50-247&50-286-LR" folder of the EHD.
In addition, as required by 10 C.F.R. § 2.336(b)(5), the Staff is producing a privilege log, identifying documents withheld under the deliberative process; appended hereto as Attachment
- 2. Also attached is the Declaration of John W. Lubinski formally invoking the deliberative process privilege with respect to the documents in Attachment 2. The Staff will preserve and
Judge McDade June 30, 2014 Judge Kennedy Judge Wardwell maintain the privileged documents identified in these logs during the pendency of this proceeding.
Further, pursuant to 10 C.F.R. § 2.336(c), attached is the Affidavit of Kimberly J. Green, certifying that all relevant materials required by this section have been disclosed, and that the disclosures are accurate and complete as to documents identified by June 23, 2014.
Finally, the NRC Staff notes that it has made a good faith effort to identify and characterize all documents meeting the criteria of 10 C.F.R. § 2.336(b) and 10 C.F.R. § 2.1203 in this proceeding. In identifying these documents, the Staff does not concede their relevance to the license renewal issues to be decided in this proceeding.
Sincerely,
/Signed (electronically) by/
Anita Ghosh Counsel for NRC Staff
Enclosures:
Attachment 1 - Hearing File Index, Supplement 65 Attachment 2 - Deliberative Process Privilege Log Declaration of John W. Lubinski Affidavit of Kimberly J. Green cc w/Encls.: Service List
Attachment 1 - Indian Point License Renewal Hearing File Index Supplement 65 - June 30, 2014 Accession Document ID# Title Number Date Summary Of Phone Call Between New York State Department Of State And U.S. Nuclear 65-0001 ML14136A005 05/27/2014 Regulatory Commission On May 7, 2014, Regarding The Coastal Zone Management Act Consistency Review.
Consistency of the Indian Point Nuclear Generating, Units 2 and 3 (IP2, LLC and IP3, LLC),
65-0002 ML14156A168 05/30/2014 License Renewal Application with New York State Coastal Management Program.
65-0003 ML14154A220 06/02/2014 2014/06/02 Indian Point LR Hearing - NYSDOS response to NRC inquiries 65-0004 ML14176A136 06/09/2014 2014/06/09 Indian Point LR Hearing - IPEC License Renewal - Response to RVI RAIs Indian Point, Units 2 & 3 - Reply to Request for Additional Information Regarding the License 65-0005 ML14176A159 06/09/2014 Renewal Application.
65-0006 ML14163A754 06/12/2014 2014/06/12 Indian Point LR Hearing - Teleconference Call Request 65-0007 ML14167A039 06/16/2014 2014/06/16 Indian Point LR Hearing - RE: Teleconference Call Request 65-0008 ML14167A294 06/16/2014 2014/06/16 Indian Point LR Hearing - RE: Teleconference Call Request 65-0009 ML14168A609 06/17/2014 2014/06/17 Indian Point LR Hearing - RE: Teleconference Call Request
Attachment 2 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 65 - June 30, 2014 Certain documents otherwise subject to inclusion in the hearing file and mandatory disclosures for this proceeding have been determined by the NRC Staff to contain information subject to withholding from public disclosures as predecisional, deliberative information. Pursuant to 10 C.F.R. § 2.336(b)(5), the Staff is providing this log to identify the following documents, withheld under the "deliberative process" privilege.
Author Name Addressee Name Estimated Accession Document Document ID # & Author Title & Addressee Comment Page Number Date Type Affiliation Affiliation Count DP- ML14160B250 K. Green, 2014/06/09 Indian Point 06/09/2014 E-Mail w/ J. Poehler, Internal 32 65- NRC/NRR/DLR LR Hearing - FW: IPEC Attachment NRC/NRR/DE discussion 001 License Renewal - regarding RAI Response to RVI RAIs response.
Attachment:
Entergy letter NL-14-067. See public disclosures, at 65-0005 [ADAMS Accession No. ML14176A159]
DP- ML14161A247 J. Poehler, 2014/06/10 Indian Point 06/10/2014 E-Mail w/ A. Hiser, Internal 32 65- NRC/NRR/DE LR Hearing - FW: IPEC Attachment NRC/NRR/DLR discussion 002 License Renewal - regarding RAI Response to RVI RAIs G. Cheruvenki, response NRC/NRR/DE
Attachment:
Entergy letter NL-14-067. See public disclosures, at 65-0005 [ADAMS Accession No. ML14176A159]
1
Attachment 2 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 65 - June 30, 2014 Author Name Addressee Name Estimated Accession Document Document ID # & Author Title & Addressee Comment Page Number Date Type Affiliation Affiliation Count DP- ML14163A573 J. Poehler, 2014/06/12 Indian Point 06/12/2014 E-Mail K. Green, Internal 2 65- NRC/NRR/DE LR Hearing - RE: IPEC NRC/NRR/DLR discussion 003 License Renewal - regarding RAI Response to RVI RAIs A. Hiser, response NRC/NRR/DLR G. Cheruvenki, NRC/NRR/DE J. Jenkins, NRC/NRR/DE DP- ML14170B176 W. Holston, 2014/06/19 Indian Point 06/19/2014 E-Mail w/ Y. Diaz-Sanabria, Internal 15 65- NRC/NRR/LR LR Hearing - Indian Attachment NRC/NRR/DLR discussion 004 Point SER input for the regarding draft applicant's 9/26/12 K. Green, SER input annual update letter NRC/NRR/DLR changes
Attachment:
W. Gardner, draft SER input NRC/NRR/DLR DP- ML14174B330 K. Green, 2014/06/23 Indian Point 06/23/2014 E-Mail w/ D. Morey, Internal 56 65- NRC/NRR/DLR LR Hearing - Action: Attachment NRC/NRR/DLR discussion 005 Need RARB Review of regarding SER AMR Items for IP input
Attachment:
Entergy letter NL-12-123 (publically available at ADAMS Accession No. ML12285A084) 2
Attachment 2 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 65 - June 30, 2014 Author Name Addressee Name Estimated Accession Document Document ID # & Author Title & Addressee Comment Page Number Date Type Affiliation Affiliation Count DP- ML14174B337 K. Green, 2014/06/23 Indian Point 06/23/2014 E-Mail w/ D. Morey, Internal 18 65- NRC/NRR/DLR LR Hearing - IP SER Attachment NRC/NRR/DLR discussion 006 Input Request regarding draft SER input Attachments:
draft SER input and Entergy letter NL-12-140 (publicly available at ADAMS Accession No. ML12300A391) 3
June 30, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR, 50-286-LR
)
)
(Indian Point Nuclear Generating Units 2 and 3) )
DECLARATION OF JOHN W. LUBINSKI I, John W. Lubinski, do hereby state as follows:
- 1. I am employed as the Director of the Division of License Renewal (DLR) in the U.S. Nuclear Regulatory Commissions (NRC) Office of Nuclear Reactor Regulation (NRR). My supervisory responsibilities include oversight of the NRC Staffs review and evaluation of the Indian Point Nuclear Generating Units 2 and 3 license renewal application.
- 2. As part of their responsibilities in updating the hearing file and mandatory disclosures for these proceedings, NRC staff members under my supervision identified documents as privileged because they contained information concerning the Staffs pre-decisional deliberative process. The documents are listed in Attachment 2 to the submission of the Staffs Hearing File Index Supplement 65.
- 3. I have personally reviewed the documents identified as privileged in , and have determined, in accordance with the guidance set forth in Management Directive 3.4, that they contain pre-decisional information concerning the Staffs review of the license renewal application. The documents contain either the Staffs analyses, recommendations, opinions, or evaluations, and may not necessarily reflect the final agency
position with respect to the matters discussed therein. The documents comprise part of the deliberative process necessary for the Staffs review of the pending license renewal application.
- 4. Further, I have determined that disclosure of the documents could result in harm to the agency, in that it would (a) prematurely disclose the preliminary views of individual Staff members and/or the Staff prior to reaching a final agency decision, and could thus create confusion as to the actual policy or views of the NRC Staff; (b) hinder the efficiency of the Staff, in that forced disclosure of its internal discussions on an unresolved issue would tend to chill all future deliberations and would interfere with the Staffs ability to engage in a free exchange of opinions and analyses prior to publishing its final review documents; and (c) imply or suggest incorrectly that the opinions of the Staff members involved in these communications are actually the final decisions of the agency, while no such final decision has yet been made.
- 5. Accordingly, I formally invoke the deliberative process privilege with respect to the documents listed in Attachment 2 to the submission of the Staffs Hearing File Index Supplement 65.
- 6. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.
Executed in Accord with 10 CFR 2.304(d)
John W. Lubinski Executed in Rockville, Maryland this 30th day of June, 2014
June 30, 2014 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR, 50-286-LR
)
)
(Indian Point Nuclear Generating )
Units 2 and 3) )
AFFIDAVIT OF KIMBERLY J. GREEN CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. § 2.336(b)
I, Kimberly J. Green, do hereby state as follows:
- 1. I am employed as a Senior Mechanical Engineer in the Division of License Renewal in the U.S. Nuclear Regulatory Commissions (NRC) Office of Nuclear Reactor Regulation. I serve as the hearing file project manager for the Indian Point Nuclear Generating Units 2 and 3 license renewal application (LRA). Among other things, I am assisting with the preparation of the hearing file and mandatory disclosures in connection with the LRA at issue in this proceeding.
- 2. I hereby certify that all relevant materials required to be disclosed pursuant to 10 C.F.R. § 2.336 (b) and (c) in the captioned proceeding have been disclosed, and that the disclosures are accurate and complete for documents identified as of June 23, 2014.
- 3. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.
Executed in Accord with 10 CFR 2.304(d)
Kimberly J. Green Executed in Rockville, Maryland this 30th day of June 2014
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR, 50-286-LR
)
(Indian Point Nuclear Generating )
Units 2 and 3) )
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R § 2.305 (revised), I hereby certify that copies of the foregoing Letter to the Atomic Safety and Licensing Board regarding the Indian Point Hearing File, including: - Indian Point License Renewal Hearing File Index Supplement 65; Attachment 2
- Indian Point License Renewal Hearing File Index Supplement 65 - Deliberative Process Privilege; Declaration of John W. Lubinski, dated June 30, 2014; and Affidavit of Kimberly J.
Green, dated June 30, 2014, in the above-captioned proceeding have been served upon the Electronic Information Exchange, the NRCs E-Filing System, this 30th day of June, 2014.
/Signed (electronically) by/
Anita Ghosh Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-4113 E-mail: anita.ghosh@nrc.gov Date of signature: June 30, 2014